On January 23, 2023, the United States Supreme Court dismissed the writ of certiorari as improvidently granted in a case that asked the Court to consider how to determine the application of attorney-client privilege to so-called “dual-purpose” communications, i.e., communications that reflect both legal and non-legal advice.  In re Grand Jury, No. 21-1397, slip op., 589 U.S. ___ (2023).  As we covered in a previous post, the Court granted a petition for certiorari to review a Ninth Circuit decision that held that the “primary purpose” should apply, which the Ninth Circuit stated requires the court to look to whether the primary purpose of the communication was to give or receive legal advice.  The Ninth Circuit had expressly left open whether the test should focus on determining whether “a primary purpose” or “the primary purpose” is seeking or providing legal advice.  In re Grand Jury, 23 F.4th 1088, 1091-92, 1094 (9th Cir. 2022).

On January 9, 2023, the United States Supreme Court heard oral argument in In re Grand Jury, No. 21-1397, a case with potentially far-reaching implications concerning the application of the attorney-client privilege to so-called “dual-purpose” communications, i.e., communications that reflect both legal and non-legal advice.